Seiler v. Pollard

Filing 24

ORDER signed by Judge Rudolph T. Randa on 5/15/2013 DENYING 21 MOTION for Reconsideration; DENYING 22 MOTION for Relief from Judgment. (cc: all counsel, via US mail to Christopher Seiler at Waupun Correctional Institution)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
CHRISTOPHER SEILER,
Petitioner,
-vsCase No. 12-C-262
WILLIAM POLLARD, Warden,
Waupun Correctional Institution,
Respondent.
DECISION AND ORDER

Christopher Seiler moves to reconsider the Court’s denial of his petition for a
writ of habeas corpus. Seiler’s motion was filed within 28 days of the entry of
judgment, so it is properly construed as a motion under Federal Rule of Civil
Procedure 59(e) and therefore not a second or successive motion. Curry v. United
States, 307 F.3d 664, 666 (7th Cir. 2002); Howard v. United States, 533 F.3d 472, 474
(6th Cir. 2008). Seiler fails to establish that there was a manifest error of law or fact.
Harrington v. City of Chi., 433 F.3d 542, 546 (7th Cir. 2006). Seiler also moves to
reconsider the Court’s refusal to issue a certificate of appealability; as before, the
Court concludes that there has not been a substantial showing of the deprivation of a
constitutional right.
Seiler’s motions to reconsider [ECF Nos. 21, 22] are DENIED.

Dated at Milwaukee, Wisconsin, this 15th day of May, 2013.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

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